Overview

Marshall’s expertise includes litigation and resolution of fiduciary duty claims, probate disputes, trust and will contests (undue influence, lack of capacity, fraud) and complex commercial litigation concerning contracts, partnerships and closely held companies, as well as real property and land use matters. Marshall is a leader in the firm’s Electronic Discovery Committee and routinely counsels clients on issues concerning the preservation, review, and production of electronically stored information. His clients include private individuals, trusts and trustees, and a broad range of commercial enterprises and professional service providers. Marshall represents clients in state and federal court, administrative agency proceedings and in all forms of alternative dispute resolution. He is an Associate in the Litigation Group and a member of the firm’s Probate & Fiduciary Litigation group.

Marshall currently serves as Co-Chair of the Fiduciary Litigation Committee for the Boston Bar Association and as a member of the Executive Committee of the Greater Boston Fiduciary Law American Inn of Court. He routinely speaks on issues concerning probate and fiduciary litigation, as well as on issues concerning electronic discovery in fiduciary litigation and in complex business disputes. Marshall was recognized for his work in probate and fiduciary litigation by the National Law Journal, which named him as one of Boston's Rising Stars in 2015. Marshall also dedicates many hours every year to a wide range of pro bono matters on behalf of non-profit organizations and low-income individuals.

Representative Experience

Obtained multi-million dollar settlement for plaintiff in a will contest challenging the validity of a prior waiver and asserting claims of undue influence, breach of fiduciary duty, and lack of testamentary capacity.

Won seven-figure arbitration award and attorneys fees for a client asserting breaches of fiduciary duties arising out of the transaction of real property between two closely held companies.

Obtained a substantial settlement for plaintiffs challenging estate documents on the basis of undue influence, lack of capacity and breaches of fiduciary duty.

Won a multi-million dollar arbitration award for the co-founder and president of a closely held corporation in a breach of contract and breach of fiduciary duty case.

Successfully defended development approval from city Conservation Commission and the Massachusetts Department of Environmental Protection for the construction of 100,00+ square foot retail store.

Achieved the dismissal of a complaint against a manufacturer of construction materials in a UCC contract and breach of warranty matter.

Negotiated a favorable settlement of claims against a worldwide distributor of electronic and technology products in a breach of contract and breach of warranty case.

Consults with and prepares expert witnesses in probate and fiduciary litigation, land use and real property matters, and complex business litigation.